In October 2014 the Scottish Government consulted on proposals to create a new criminal offence of wilful neglect or ill-treatment of people receiving care or treatment in adult health and social care services. That consultation also asked about whether a similar offence should apply in children’s social care services. The analysis of that consultation can be found here http://www.gov.scot/Publications/2015/05/9655.
The Health (Tobacco, Nicotine etc. and Care) (Scotland) Bill was introduced to Parliament on 4 June 2015 and confirms the intention to introduce an offence of wilful neglect for adult health and social care services. Provisions on the wilful neglect of children were not initially included in the Bill as the consultation which was undertaken in relation to the wilful neglect of adults indicated that there were further issues which needed to be explored.The Scottish Government now intends to ensure that children under the age of 18 are protected from similar offences to the ones currently included in the Bill.